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2019 (4) TMI 117 - AT - Central ExciseImposition of penalty u/r 15(1) and (15(2) of the CCR read with Section 11AC of the Central Excise Act - irregular availment of CENVAT Credit, immediately reversed on being pointed out - Held that:- As soon as the Audit pointed out the wrong availment of CENVAT credit by the appellant, the appellant reversed the same along with interest before the issuance of show-cause notice - the appellant vide their letter dt. 13/03/2012 informed the Department that they have taken the credit by mistake and there was no intention to avail excess credit. The Tribunal in various decisions has held that once the duty is paid along with interest before the issuance of the show-cause notice and there is no suppression of fact with intent to evade payment of duty, then the assessee is not liable to pay penalty - reliance placed in the case of CC, Mangalore Vs. Jindal Vijayanagar Steel Ltd. [2011 (8) TMI 1261 - KARNATAKA HIGH COURT]. Penalty do not sustain - appeal allowed - decided in favor of appellant.
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